Wp(C)/16747/2017 Of Thaikkad Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 23RD DAY OF MAY 2017/2ND JYAISHTA, 1939 WP(C).No. 16747 of 2017 (P) ---------------------------- PETITIONER:---------- THAIKKAD SERVICE CO-OPERATIVE BANK LTD, NO.8/33, BRAHMAKULAM P.O., THAIKKAD, THRISSUR-680104 REPRESENTED BY ITS BRANCH MANAGER, MR.C.K.SADANANDAN BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY SRI.JOSEPH GOPURAN RESPONDENT: ----------- INCOME TAX OFFICER, WARD-2, GURUVAYOOR, THRISSUR-680101 BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V. APPENDIX PETITIONER(S)' EXHIBITS-----------------------EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 19.12.2016 FOR THE ASSESSMENT YEAR 2008-09EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 2008-09EXHIBIT P3 TRUE COPY OF THE STAY PETITION FILED BEFORE THE RESPONDENT FOR THE ASSESSMENT YEAR 2008-09EXHIBIT P4 TRUE COPY OF THE ORDER NO.AABAT7278H/ITO/WARD- 2/GVR/16-17 DATED 30.03.2017EXHIBIT P5 TRUE COPY OF OFFICE MEMORANDUM (F.NO.404/72/93-ITCC) DATED 29.2.2016EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 25.4.2017 IN W.P.(C) NO.14545 OF 2017 (P) RESPONDENT(S)' EXHIBITS NIL ----------------------- /TRUE COPY/ K.V. P.A.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.16747 of 2017 .............................................................Dated this the 23[nd] day of May, 2017 J U D G M E N T Against Ext.P1 order of assessment under the Income TaxAct, the petitioner has preferred Ext.P2 appeal before theCommissioner of Income Tax (Appeals). During the pendency of thesaid appeal, the petitioner also moved the respondent Income TaxOfficer for a stay of recovery of the amounts confirmed against himby Ext.P1 assessment order. By Ext.P4 order, the respondentdirected the petitioner to pay 15% of the amounts confirmedagainst him, by Ext.P1 assessment order, as a condition for the stayof recovery of the balance amounts during the pendency of theappeal. In the writ petition, the petitioner impugns Ext.P4 order,on the ground that, the issue involved in the appeal stands coveredin favour of the petitioner by a Division Bench judgment of thisCourt. 2. I have heard the learned counsel for the petitioner and also the learned Standing counsel for the Income Tax Authority. The learned Standing counsel would submit on instructionsthat against the Division Bench judgment of this Court, theDepartment has taken up the matter in appeal before the SupremeCourt and the SLP is pending. Taking note of the said submission, Idispose the writ petition with the following directions: i. Ext.P4 order is quashed. The Commissionerof Income Tax (Appeals) shall dispose Ext. P2appeal after hearing the petitioner. ii. I make it clear that till such time as ordersare passed by the Commissioner of Income Tax(Appeals) on Ext.P2 appeal and the orders sopassed communicated to the petitioner,recovery steps for recovery of amountsconfirmed against the petitioner by Ext.P1assessment order shall be kept in abeyance.The petitioner shall produce a copy of the writpetition along with a copy of the judgmentbefore the respondent and the Commissioner ofIncome Tax (Appeals) for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE